Dáil debates

Thursday, 9 July 2009

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed)

 

12:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)

Unlike the Ceann Comhairle I am not a lawyer. I speak as an ordinary layman. In 1996 and 1997 it was found necessary again to introduce more corrective or restrictive measures to combat the problem. I had serious concerns about that Bill at the time and again I was wrong. It is interesting that after a few years there appears to be a serious erosion of the rights of society and the law-abiding citizens around us. I do not agree with the last speaker. I believe that the case must be based on solid legal grounds. It should not be put in such a way that a clever cross-examiner in the courts could poke holes in it and overturn the legislation and leave us back where we were. I do not agree with the notion that we should see how it works and leave part of the legislation out and reintroduce it in a couple of years' time. It is too late for that. I agree there should be substantive evidence that is corroborated. It cannot come from just anybody or be based on opinion alone, there must be some back-up.

We had all better be aware that there is a serious situation unfolding before our eyes and if we do not tackle this head on we will be judged by the law-abiding citizens outside who have deep concerns. I am not suggesting that my colleague, Deputy Ó Snodaigh, was speaking for the less than law-abiding citizens. From my knowledge of what is going on in this country, as a non-legal person, cases have come before the courts where a serious history exists and it is probably just as well that the jury is not told. I know why the information cannot be made available but it shocks me to read of some of the things that have happened in the courts-----

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